Shivani Thakur
Published on: May 25, 2022 at 20:28 IST
Senior Advocate Indira Jaising voiced her opinion on, inter alia, the split verdict of the Delhi High Court on Marital Rape, the 2021 IT Rules for Intermediaries and Digital Media, senior designations by High Courts.
“Highly misogynistic and very, very problematic that any judge could proceed to decide case on an understanding of a woman as being the property of husband”– Ms. Jaising
Ms. Jaising was asked about her opinion on the recent delivering of a split verdict by the Delhi High Court on pleas seeking criminalisation of marital rape.
Where Justice C. Hari Shankar held that, ”There is no inherent fundamental right of the wife to have her husband convicted for Rape, relatable to Article 19 and 21 or any other Article in the Constitution.
“It was observed over assumption that a wife forced to have sex with husband feels the same degree of outrage as a woman raped by a stranger is unrealistic”.
Ms. Jaising said, “Current legal framework put in place by the government gives them the power to completely throttle the media and to chill it.”
“We are facing extreme form of victimisation from prosecuting agencies; and suddenly, civil society is being seen as enemy of State.”
“In complete disagreement with the point of view that senior designation is an honour conferred on the lawyers.”
“On whether the judiciary today is more gender sensitised.”
“On the system of administration of justice in the country today, and if the fundamental condition of separation of powers is being maintained.”
“Message for the youth and aspiring lawyers in the country.”